Legal Opinion

Mourad v. Commissioner of IRS

Court of Appeals for the First Circuit

Decided October 20, 2004No. 03-2367PublishedCited by 7 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

This case requires us to consider whether a company’s filing of a bankruptcy petition and the appointment of a trustee automatically terminates the election by its shareholders of “S Corporation” status under the Internal Revenue Code. See 26 U.S.C. § 1361. Specifically at issue is a nearly $200,000 income tax deficiency assessed against appellant Alphonse Mourad stemming from the sale of assets of a corporation of which he was the sole shareholder. The United States Tax Court ruled that Mourad was personally liable for the tax because his company, V & M…

2Cases cited13 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  3. Bangor Punta Operations, Inc. v. Bangor & Aroostook RailroadSupreme Court of the United States · 1974
  4. Bufferd v. CommissionerSupreme Court of the United States · 1993
  5. Gitlitz v. CommissionerSupreme Court of the United States · 2001

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3Cited by7 opinions

  1. Gilliam v. Speier (In Re KRSM Properties, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  2. In Re Endoscopy Center of Southern Nevada, LLCUnited States Bankruptcy Court, D. Nevada · 2011
  3. Hill v. Comm'rUnited States Tax Court · 2010
  4. Daljaco, Inc. v. BaughCourt of Special Appeals of Maryland · 2025
  5. David H. ZimmerUnited States Bankruptcy Court, W.D. Pennsylvania · 2020

2 more not listed; retrieve them via the Exa API.

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